Chapter 1: Divisions and the American Psychological Association (Part 1)

• The Division/APA Relationship
  
• The APA ASME Guidelines
  
• Committee on Division/APA Relations
  
• Division Services Office
  
• Division Annual Reports
  
• Five-Year Review of Divisions
  
• Division Bylaws, Regulations and Committee Structure

The Division/APA Relationship

As outlined in the APA Bylaws and the Association Rules, divisions are autonomous in all matters within their fields that are not reserved to the Association and the Council of Representatives by APA Bylaws or Rules. As noted in the Article V of the APA Bylaws, each division has the right to determine:

• who, among the division members, shall have the right to vote in divisional matters;

• qualifications and method of electing a required President and Secretary and other such officers needed to carry out the division's business;

• its own bylaws and rules of procedure within the framework of the APA Bylaws; and

• the appointment of such committees and adoption of such regulations for the conduct of its business (except that its committee and governance structure is subject to review by the Board of Directors of the APA).

In 1988 APA legal counsel considered the relationship between APA and its divisions to determine the applicability of the APA ASME Guidelines to divisions. These principles were adopted by the Board of Directors to protect the APA from imposition of antitrust or other liability. APA was advised by counsel that "at the very least, divisions are integral components of APA" and thus "the actions of the divisions can, therefore, be imputed for litigation purposes to APA... divisions are just as liable as the parent organization if they engage in activities that create the potential for liability." Thus, each division should acquaint its officers, staff, and members with the principles included in the APA ASME Guidelines and incorporate these precautionary measures into activities of the divisions. (The "ASME Guidelines" were approved by the Board of Directors in 1985 and revised in 1992.) Any questions about the "ASME Guidelines" should be addressed to the APA Office of General Counsel.

The APA ASME Guidelines

1. Standards, Guidelines, and Credentials. Extreme care is necessary in the development of standards, guidelines, or credentials that affect economic interests or competition. When these kinds of APA programs might have effects upon scope of practice or modes of practice, compensation or reimbursement, professional engagements or positions, assignment of tasks or titles, or other economic or competitive factors in psychology, the antitrust laws are implicated. Standards or guidelines must be submitted to the Office of General Counsel for review and approval.

Standards, guidelines, or credentials must be reasonable. Reasonableness can be enhanced by circulating the proposed standards, guidelines, or credentials for comment by those who will be affected. The final versions should reflect, to the extent practicable, the consensus of opinion of those affected by the standards, guidelines, or credentials after review and consideration of all comments received.

Standards, guidelines, and credentials must state who is authorized to interpret them, such as the Council of Representatives, the Board of Directors, other boards, committees, divisions, or their authorized representatives. Interpretations must be issued in writing. Extreme care must be used in formulating any statements regarding standards, guidelines, or credentials which are expected to be relied upon by APA members or by others, whether or not there are specific enforcement mechanisms related to the standards, guidelines, or credentials.

If the standards, guidelines, or credentials do include enforcement mechanisms, there must be provisions to assure that due process is afforded to those affected, including the opportunity for appeal. Divisions that contemplate the development of standards or guidelines must comply with the requirements of Association Rule 100-1.5 which was adopted by Council in August, 1995.

2. Correspondence and Statements. Official correspondence and statements, whether issued explicitly or implicitly by or on behalf of APA or a body integral to APA, must be approved in advance.

Approval can be either by the entire body responsible for the correspondence or statements, such as where an APA board or committee has voted on a resolution to issue correspondence or statements, or by the highest level of volunteer leadership or staff leadership involved, such as the chair of a board or committee or the chief staff official responsible for the board or committee, if the body has delegated authority to those individuals. The correspondence or statements must then be limited to what has been authorized and must be within the scope of duties of the volunteer or staff leadership.

Other correspondence or statements must not be on APA letterhead and, if they could possibly be interpreted as issued by or on behalf of the Association or a body integral to the Association, must include a disclaimer indicating that they are not made by or on behalf of APA.

3. Meetings and Conflicts. All meetings of APA or bodies integral to APA must be scheduled in advance if practicable, have agendas circulated to attendees in advance, be open if practicable, and have written minutes prepared and circulated to attendees.

Conflicts of interest are subject to separate APA guidelines on that subject. Refer to Appendix VI for the text of the ASME Guidelines as revised in June 1992 by the Board of Directors of the American Psychological Association.

Committee on Division/APA Relations

The Committee on Division/APA Relations (CODAPAR) is the offspring of the original Steering Committee for the Division Leadership Conference and was appointed for the first time in late 1984. CODAPAR, as the result of action taken by the Council of Representatives in February 1987, was endorsed in principle and assigned as an ad hoc committee of the Policy & Planning Board (P&P). Then, in December 1989, the Board of Directors placed CODAPAR as an ad hoc committee of the Board of Directors for a period of three years. In December 1992, CODAPAR's assignment was extended for an additional 5 years and its mission expanded to include a training component.

In August, 1995, the Council of Representatives approved CODAPAR as a continuing committee which would report to the Council through the Board of Directors. CODAPAR's mission statement and its nomination and election procedures are contained in Association Rule 90-10. COMMITTEE ON DIVISION/APA RELATIONS which follows:

Nominations to CODAPAR are solicited from the divisions just prior to the annual Division Leadership Conference, one nominee per division. Eligible nominees are the division's current president or another officer or board member of that division. CODAPAR prepares a list of nominations and its recommendations for achieving balance in the representation of the broad interests of divisions. This information is presented at the Division Leadership Conference and then forwarded to the Board of Directors for final appointment at their June meeting.

The members of the 2003 Committee on Division/APA Relations are: Chair Keith O. Yeates, PhD (Division 40); Martha E. Banks, PhD (Division 35); Gary R. Brooks, PhD (Division 51); Angelo S. DeNisi, PhD (Division 14); Lisa L. Harlow, PhD (Division 5); and Ilene Serlin, PhD (Division 32).

Division Services Office

The Division Services Office offers information, referral and ombudsman services to division officers, APA and division members. This office publishes the APA/Division Dialogue, a bi-monthly online newsletter for division officers; arranges for the annual Division Leadership Conference; and provides staff support for the Committee on Division/APA Relations and the Policy and Planning Board. In addition, the Division Services Office provides administrative services for divisions on a contractual basis. The office currently handles Divisions 1, 3, 5, 7, 10, 13, 15, 16, 17, 19, 20, 22, 24, 26, 32, 35, 35 Sections 1 and 4, 37, 37 Section 1, 38, 40, 43, 44, 45, 46, 47, 48, 49, 50, 51, and 52 (see Appendix X).

Division Annual Reports

Divisions are required (Association Rules 100-1.2 as revised in August, 1995) to submit an annual report of their activities to the Board of Directors on or about February 1 of each year. Association Rule 100-1.2 provides that "The annual report of the Division shall cover financial activities (including a copy of the division's annual tax return), membership, elections, special projects undertaken during the year, new committees, new chapters and sections, political advocacy, interorganizational linkages, and such other matters as may be required to present an accurate accounting of the Division's activities during the reporting period." The report format and the division annual review checklist are included as Appendix IV [see Guidelines for Annual Reports From Divisions and Division Annual Report Cover Sheet].

Five-Year Review of Divisions

A five-year review of divisions by the Board of Directors was instituted by action of Council in August, 1995. Association Rule 100-1.4 states that "Every five years, the Board of Directors shall evaluate the reports of each Division, including its chapters and sections, for overall compliance with the Bylaws, Association Rules, and APA policies and report the results of these evaluations to the Council of Representatives."

The Committee on Division/APA Relations (CODAPAR) assists the Board of Directors in carrying out this review. Each CODAPAR member works with several divisions, accepts and reviews these divisions' annual reports and prepares a summary of the reports as information for the Board of Directors on an annual basis. Then, at the end of the five-year period, the CODAPAR liaison will prepare a brief report for the Board of Directors stating the strengths of the division, any problems identified over the past five years and progress made to solve the problems. Approximately ten divisions per year will undergo the 5-year review on a schedule set by CODAPAR. That schedule is included as Appendix V. The first 5-year review of divisions will be done in 2002 to allow five years of division annual reports to be gathered.

Division Bylaws, Regulations and Committee Structure

As stated in the APA Bylaws (Article VI, Section 7), each division is required to draw up and maintain its own bylaws and rules of procedure within the framework of the APA Bylaws. Newly forming divisions which are developing their bylaws and existing divisions which are contemplating bylaws amendments should review the listing of standard bylaw articles which follows to make certain that the division's proposed bylaws conform to the APA Bylaws and the Association Rules.

I. Name and Purpose - This article specifies the division name and the purpose of the division. Bylaws and rules which apply to this article are: (APA Bylaws Article VI, Section 1) "Divisions may be organized to represent major scientific and professional interests that lie within the Association."

A division desiring to change its name shall give written notice of the proposed name change to the APA Recording Secretary. The division shall provide with the notice whatever information it deems appropriate to explain or support the proposed name change. The Recording Secretary shall notify all divisions and members of Council of the proposed name change and provide them with a copy of the notice of proposed name change. The Secretary shall advise the divisions and members of Council that any objections to the name change must be received by the Recording Secretary within 60 days of the date of the Secretary's notice. All objections by divisions or members of the Council must be in writing and shall fully state the basis for the objection. If objections are received, the proposed name change will be submitted to the Council of Representatives for decision.

If no objections are received the proposed name change may become effective after the 60 day notice has expired. If the proposed name change is submitted to Council, it may become effective only after Council's approval. No name change, however, whether approved by lack of objection or by vote of Council, may become effective until approved by the proposing division in the manner required by the division's applicable bylaws, rules or procedures."

II. Membership - Definitions of the division's membership categories and criteria for each category are included in this section. In some cases, divisions have chosen to use this section of their bylaws to describe procedures for acceptance/election of new members as well as Fellowship criteria and procedures. Other divisions have found it more expedient to include procedures within divisional operating procedures which can be revised upon the vote of the division's executive committee rather than by a formal bylaw vote by the division's membership. Bylaws and rules which apply to this article follow: (APA Bylaws Article VI, Section 2) "Any member of the Association may apply for membership in one or more Divisions under the rules of eligibility and election established by the Division. Associate members or Members may remain Associate members or Members without divisional affiliation. A Division may include in its membership those who do not qualify or do not desire membership in the Association. It may determine its own qualification for its membership classes, provided that the designation Fellow shall be reserved for members of the Division who are Fellows of the Association."

(APA Bylaws Article VI, Section 3) "Council may create such Divisions provided that...(c) their membership is not restricted on any basis other than psychological interest and qualifications..."

(APA Bylaws Article VI, Section 6) "A Division may determine what persons among its membership shall have the right to vote in divisional matters."

(Association Rules 10-6.1) "A division may have requirements for Fellow status in that division beyond those required by the Association. The Central Office will endeavor so far as possible to assist a division in administering these additional requirements but is not required to do so."

III. Officers - This article describes the elected offices of the division along with criteria for each office, the term of office and the means of determining a successor for an officer who cannot finish his/her term. In some cases, divisions have included descriptions of the duties of each office in this article. Other divisions have chosen to include this description in their operating procedures. Bylaws and rules which apply to this section are:

(APA Bylaws Article VI, Section 6) "A Division shall have a President and a Secretary and other officers as it may desire. The qualifications for its officers and the method of their election shall be determined by the Division."

(APA Bylaws Article V, Section 4) "Council Representatives of a Division or State/Provincial Association shall be members of the Division or State/Provincial Association, and Members of the Association, and shall be elected for a period not to exceed three years. If during that three-year period the Division or State/Provincial Association is allocated fewer seats, the Division or State Association shall recall the appropriate number of Representatives. Their term of office of the recalled member is thereby terminated."

(APA Bylaws Article V, Section 7) "A Council member who has served for six consecutive years shall not be eligible for election or appointment for a period of one year as a Representative from any Division or State/Provincial Psychological Association, or coalition."

IV. Executive Committee or Board of Directors - This article generally contains a listing of the offices that comprise the division's governing body. It may also specify meeting times for this body, balloting procedures, and measures to handle emergency situations by the entire body or a subset of its members (e.g. the president, past president, president-elect, secretary and treasurer as an emergency action subcommittee).

V. Committees - This article delineates standing committees of the division and may describe committee terms as well as duties and procedures to be used by the committee. In addition, the division may chose to include annual reporting requirements for its committees in this article. The following bylaw applies to this article:

(APA Bylaws Article VI, Section 7) "Each Division may elect such officers, appoint such committees, and adopt such regulations for the conduct of its business as it may desire, except that its committee structure is subject to review by the Board of Directors of the Association."

VI. Meetings - This article describes the time and place of the division's meetings, notice of meetings, what constitutes a quorum and how members can introduce agenda topics.

VII. Nominations and Elections - This article delineates the nomination and election process for elective offices. The following bylaws address division elections:

(APA Bylaws Article VI, Section 6) "A Division shall have a President and a Secretary and other officers as it may desire. The qualifications for its officers and the method of their election shall be determined by the Division."

(APA Bylaws Article X, Section 4) "The Election Committee shall also secure reports from the Divisions and from the State Associations of the results of all elections conducted by them. The election results shall be reported by the Election Committee to the Board of Directors at least one month prior to the Business Meeting of Council held in conjunction with the Annual Convention."

(APA Bylaws Article X, Section 5) "Announcements of elections shall be made by the Board of Directors at the Annual Convention and the Business Meeting of Council held in conjunction with it."

VIII. Finances - This section generally contains a statement regarding the division's not-for-profit status, the setting and collection of dues, resignation by non-payment, the division's fiscal year, and budget review and approval process. APA bylaws and rules which apply to this article are:

(APA Bylaws Article XIX, Section 4) "There shall be made available to each Division a fixed amount, to be determined by Council, from the dues paid by each member of the Association who is a member of that Division. A Division may require additional dues of its own members."

(Associationesta Rules 100.6) "APA dues-exempt members shall also be exempt from further payment of division dues and assessments. However, divisions may, at their discretion, assess and collect from dues-exempt members a mandatory service fee to cover the costs of providing such division publications as may be requested by the dues-exempt members."

(Certificate of Incorporation, Point 5) "In the event of dissolution or termination of the Association, title to and possession of all of the property of the Association shall pass forthwith to American Association for the Advancement of Science, if then in existence and qualified for exemption under the Internal Revenue Code of 1954 as amended, and otherwise to such organization as the Board of Directors shall deem best fitted exclusively to carry out the objects and purposes for which the Association was founded."

IX. Amendments - This final article should describe the process by which the bylaws can be amended including how an amendment is proposed, how the membership is notified of the proposal, the means by which the vote is taken and what constitutes passage.

Divisions that are in the process of revising or amending their bylaws are asked to submit proposed changes to the Division Services Office. In addition, divisions revising their bylaws should contact the APA Office of General Counsel. Review of proposed changes can prevent potential conflicts with restrictions outlined in the APA Bylaws and Association Rules, and with current APA policies and procedures. Changes in bylaws can have consequences that are not intended or envisioned by a division. For example, the use of the wrong wording could jeopardize the division's and APA's tax exempt status.

The APA Bylaws (Article VI, Section 7) require that each division file a copy of its current bylaws, regulations, and committee structure with Central Office. The Division Services Office is the repository for information regarding the structure and functioning of divisions. The division is further required to submit amended or revised bylaws as changes occur.